Citation Nr: 9834971
Decision Date: 11/25/98 Archive Date: 12/01/98
DOCKET NO. 95-60 130A ) DATE
)
On appeal from the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts
THE ISSUES
1. Entitlement to service connection for tinnitus.
2. Entitlement to a compensable rating for defective
hearing.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
The veteran
ATTORNEY FOR THE BOARD
R. L. Shaw, Counsel
INTRODUCTION
The veteran had active military service from April 1944 to
February 1946.
This matter is before the Board of Veterans' Appeals (Board)
on appeal from a January 25, 1994, rating decision by the
Boston, Massachusetts, Regional Office (RO) of the Department
of Veterans Affairs (VA). The veteran testified at a hearing
at the RO on May 5, 1995, in connection with his appeal.
REMAND
The veteran indicated in a VA Form 9, Appeal to the Board of
Veterans' Appeals, dated in January 1995, that he wished to
appear at a hearing at the local office before a Member of
the Board in connection with his appeal. He did not respond
to an August 25, 1995, letter from the Board requesting
clarification as to whether he wanted a hearing before the
Board. Consequently, the original request must be regarded
as still pending.
The file must therefore be returned to the RO so that a
Travel Board hearing can be scheduled. See 38 C.F.R.
§ 20.703 (1997). Accordingly, the case is remanded to the RO
for the following action:
The RO should take steps to schedule the
veteran for a Travel Board hearing at the
RO.
After the hearing, the claim should be returned to the Board
for appellate review in accordance with the usual procedures.
No action is required of the veteran until he receives
further notice.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans’ Appeals or by the United States Court of
Veterans Appeals for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans’ Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West Supp. 1998) (Historical and Statutory Notes).
In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part
IV, directs the ROs to provide expeditious handling of all
cases that have been remanded by the Board and the Court.
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.
G. H. SHUFELT
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1997).
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